IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-41470 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LUIS DONALD QUINTERO,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. B-96-CV-82 - - - - - - - - - - February 10, 1999 Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*

PER CURIAM:**

Luis Donald Quintero, federal inmate #62583-079, moves this

court for a certificate of appealability (COA) from the district

court’s dismissal of his

motion. We must

examine the basis of our jurisdiction, sua sponte if necessary.

Mosley v. Cozby,

(5th Cir. 1987). A timely notice of

appeal is a prerequisite for the exercise of jurisdiction by this court. United States v. Carr,

(5th Cir. 1992).

* This matter is being decided by a quorum.

(d). ** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-41470 -2- Quintero did not timely notice his appeal from the district

court’s judgment of dismissal of his § 2255 motion, and we are

without jurisdiction to consider this case. See Carr,

.

Accordingly, the motion for a COA is DENIED, and the appeal is

dismissed for lack of jurisdiction.

MOTION DENIED; APPEAL DISMISSED FOR LACK OF JURISDICTION.